Sober-living homes, Rockford agree to put condemnation on hold. Here's why

Representatives for Oxford House Inc. and Rockford have agreed to put condemnation proceedings on hold until after an April inspection of the sober-living houses located in city neighborhoods.

Saying they are operating in violation city building codes, Rockford has moved to condemn five Oxford House locations where groups of people recovering from drug addiction and alcoholism live in what the residents say are supportive communities.

Officials argue that "community-based housing" single-family homes in Rockford are required to have automated fire sprinklers if there are more than four people living there and that they are limited to six residents. They also say areas of the house like basements, hallways and closets cannot be used as bedrooms because they don't have proper exits in case of a fire.

Oxford House has argued most of those rules should not apply to them because their residents are considered handicapped under the Americans with Disabilities and Fair Housing Act and that they should get special accommodations.

The company has filed a federal discrimination lawsuit against the city.

James Thompson, a Rockford lawyer representing Oxford House, on Friday asked the Rockford Building Board of Appeals for a stay on the case pending the outcome of the federal case. He said the lawsuit could decide the major issues at stake in the condemnation proceedings.

If not a stay, he asked for more time to address or challenge other issues city inspectors had raised until after an April 5 inspection.

Assistant City Attorney Matthew Flores argued the issues are a matter of state, not federal law and should not be stayed. However, he agreed to a delay to allow inspections to proceed and return to the board with a "better focus."

The five-member board — composed of area architects, contractors and construction experts — gathers only as-needed in cases of an appeal and does not conduct regular meetings. Board members who are appointed by Mayor Tom McNamara chose Studio GWA architect Jennifer Spencer as its chairwoman.

Jeff Kolkey writes about government, economic development and other issues for the Rockford Register Star. He can be reached at (815) 987-1374, via email at jkolkey@rrstar.com and on Twitter @jeffkolkey.